Police Remand under Section 187 of the BNSS

Police remand means detention of an arrested person in police custody, with a Magistrate's authorization, so that investigation may continue. Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates such custody when investigation cannot be completed within twenty-four hours and the accusation appears well-founded.

When remand may be sought

The police must forward the accused to the nearest Judicial Magistrate, together with relevant case-diary entries. This gives effect to Article 22(2), under which detention beyond twenty-four hours requires a Magistrate's authority.

• The request must be made by the officer in charge of the police station or an investigating officer not below the rank of sub-inspector.
• The Magistrate may authorize custody even if that Magistrate lacks jurisdiction to try the case.

Time limits on police custody

Police custody cannot exceed fifteen days in total, but it may be granted in one stretch or in parts. Unlike the earlier framework, these days may be used during the initial forty days of a sixty-day detention period, or the initial sixty days of a ninety-day detention period, as applicable.

• The overall detention limit is ninety days for offences punishable with death, life imprisonment, or imprisonment for ten years or more.
• For other offences, the overall detention limit is sixty days; detention beyond the fifteen-day police-custody ceiling must be judicial custody.

Judicial safeguards

Police remand is not automatic: the Magistrate must apply judicial mind, authorize it through a reasoned order, and record reasons for police custody. The accused must be produced in person when police custody is first authorized and on every subsequent occasion while such custody continues.

• On expiry of the applicable sixty-day or ninety-day limit, the accused becomes entitled to default bail if prepared to furnish bail.
• A second-class Magistrate cannot authorize police custody unless specially empowered by the High Court.